"Inter-American system has worked against States during periods of dictatorship, and often in spite of States during periods of
democratic transition." Ariel Dulitzky
Within the framework of the Organization of American States (OAS) there have been several efforts to protect
democracy and safeguard human rights in the continent. Thus, in article two of
its Charter provides that: "the Effective exercise of representative
democracy is the basis for the rule of law and of the constitutional Regimes of
the member states of the Organization of American States. Representative
Democracy is strengthened and deepened by permanent, ethical, and responsible participation
of the citizenry within a legal framework conforming to the respective
constitutional order", but it does not include the defense or promotion of
human rights as part of the Organization's purposes and central goals. Many
experts argue that these efforts have not been sufficient and everything that
occurs in the organization responds to the interest of the United
States rather than all Member States. But we need to consider that the main goal for the OAS is "Democracy for peace, security, and development", and Human Rights protection is linked directly to democracy.
Currently the human
rights system is experiencing a crisis. It has been strongly criticized by
countries with leftist ideology which holds that urgent reforms are needed,
especially regarding to the jurisdiction of the Inter-American Commission on Human Rights (IACHR) and the Court. However, the system has
benefits and strengths that have helped the development and promotion of human
rights. The IACHR is able to receive individual petitions and resolve them
through friendly settlements and other mechanisms, the on-site visits help to
observe human rights in an specific country or investigate particular issues,
and the thematic or country reports which is an important tool to monitor and
analyze the situation of human rights in State Members. As we can noticed, the IACHR
counts on many tools that have been successful, including the individual
complaints mechanism that allows citizens from State Members; the preparation
and publication of reports is a way to be aware of counties situation; adopting
precautionary measures help to save guard individuals whose rights are
threatened; friendly solutions and jurisdiction on reparation are important
tools to resolve future cases.
Unfortunately there are many aspects that are an
obstacle for the efficiency of the Inter American Human Rights System and the Commission's
and Court's work. There are three main instruments to protect human rights: OAS Charter, Declaration of Rights and Duties of the Man (it is just a declaration), and the American Convention of Human Rights, among other conventions for the protection of specific rights. The
system is inequitable because several countries depend on the legally binding
provisions of the Conventions, while others just depend on the Declaration. The
system financing is another negative aspect, less than 10% of the total budget
of the OAS is allocated for the Commission. Therefore, they have been forced to
look for external support and voluntary contributions. In addition, the system
is very slow, the process to determine the admissibility of a complaint, adopt
a decision, and reach a friendly settlement, can take years. Furthermore, once
a decision has been taken, countries do not fulfilled in most of the cases. The
situation with friendly agreements is very similar, they are partially or never
complied. The Court situation is not far from this reality.
In order to have a more efficient system in the continent is very
important to link democracy and human rights protection, contemplated in the
OAS Charter. There is an interesting article written by Ariel
Dulitzky in which he suggests that the Commission should only act as an organ
of admissibility and facilitator of friendly solutions, and on political and
promotional activities regarding human rights, and the Court as a tribunal that
carries out findings of fact and makes legal determinations. He propose a way
to strengthen the system to be more efficient.
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